Morten Petersenn

The Hogan Lovells Brand Benchmarking 2018 report was published earlier this year. In the second of a series of articles, we look at some of the findings relating to the Technology, Media and Telecoms sector. TMT companies accounted for 23% of the 200 responses to the survey, making them the second largest sector after Diversified

BGH, October 10, 2017 – I ZB 96/16, published on February 6, 2018 Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the infringing use but also have to

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising. Violations of the German Unfair Competition Act (UWG) generally involve the risk of competitors seeking cease and desist orders, or consumers claiming compensation. The violation of Sec. 7 UWG

The Higher Regional Court of Cologne decided in its ruling of May 24, 2017 (OLG Köln 6 U 161/16) that the publication of customer reviews on a company website may be considered as advertising in the classical sense originating from the company itself. The case The claimant had requested that the defendant refrained from advertising that

In part II of this IP Enforcement focus v-log (see part I), we talk about the topic of acquiescence in IP infringement cases using the example of the famous Hard Rock Cafe case in Germany. This case has shown that in merchandise cases the principle of acquiescence is only of limited value. Watch the v-log here For

In this two-part IP Enforcement v-log, we talk about the implication of earlier company name rights and the possibility to rely on unfair competition law when the claimant has no earlier trademark rights. To illustrate this topic, we will use the Hard Rock Cafe – case in Germany. A second v-log will follow, highlighting another key takeaway

After years of litigation Hogan Lovells achieved a ground-breaking settlement for the Hard Rock Group. A restaurant with the same name which operated without a license in Heidelberg will cease to operate at the end of February. In return the Hard Rock Group waives part of the damage claims that were granted to it. Background:

In this IP Enforcement Focus v-log we report on a very important decision by the German Federal Supreme Court that will have enormous influence on the practice in IP infringement cases. The court had to deal with the question of whether a cease and desist order aimed on the distribution of infringing products includes the obligation to recall

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease and desist order regarding the distribution and promotion of infringing products in principle includes the obligation

In this IP Enforcement Focus v-log, we report on a decision by the European Court of Justice dealing with damage claims in the field of IP. The question the court had to answer was whether moral damages can be obtained in addition to damages based on a fictional license fee. (CJEU – C-99/15) Watch this

In this IP Enforcement Focus v-log, we report on a surprising decision by the German Supreme Court that has the potential to have enormous practical relevance. The court had to deal with the question of whether a cease and desist order aimed at the distribution of infringing products includes the obligation to recall the products from third

Client seminar with guest speaker of the German Centre for Protection Against Unfair Competition (Wettbewerbszentrale – Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.) On 17 November 2015 a client seminar on recent developments in Unfair Competition Law will take place in the Hamburg office of Hogan Lovells. A director of the German Centre for Protection Against

The Regional Court of Karlsruhe decided on 29th July 2015 that the use of the original Hard Rock Cafe logo for the operation and promotion of a bogus restaurant in Heidelberg, Germany, under the identical name and logo of the Hard Rock Cafe group, violates German unfair competition law. The Court found the use of

Background facts Last week the German Federal Court of Justice affirmed a decision of the Higher Regional Court of Hamburg ordering the owner of a trademark, which was to some extent parodying a well-known trademark, to agree to the deletion of his trademark. The attacked trademark registration was found to be detrimental to the reputation

The first Hogan Lovells Fashion & Law Newsletter of 2015 is out. Fashion is not only about trends and styles but developing and maintaining a brand’s recognition and reputation. Therefore, the fashion industry is affected by a range of legal areas. In our newsletter you will find summaries on recent landmark decisions, legal developments and

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